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Ordinance Number _220_CITY OF CHICKAMAUGA SOIL EROSIONAND SEDIMENTATION CONTROL ORDINANCENOW, THEREFORE, BE IT ORDAINED, BY THE CITY OF CHICKAMAUGA MAYOR ANDCOUNCIL:SECTION I TITLEThis ordinance will be known as "City of Chickamauga Soil Erosion and Sedimentation ControlOrdinance.''SECTION II DEFINITIONSThe following definitions shall apply in the interpretation and enforcement of this ordinance, unlessotherwise specifically stated:1.Best Management Practices (BMP's): A collection of structural practices and vegetativemeasures which, when properly designed, installed and maintained, will provide effectiveerosion and sedimentation control. The term ªproperly designed" means designed inaccordance with the hydraulic design specifications contained in the ªManual for Erosion andSediment Control in Georgiaº specified in O.C.G.A. 12-7-6 subsection (b).2.Board: The Board of Natural Resources.3.Buffer: The area of land immediately adjacent to the banks of State Waters in its natural stateof vegetation, which facilitates the protection of water quality and aquatic habitat.4.Commission: The State Soil & Water Conservation Commission.5.Cut: A portion of land surface or area from which earth has been removed or will be removed byexcavation; the depth below original ground surface to excavated surface. Also known asexcavation.6.Department: The Department of Natural Resources.7.Director: The Director of the Environmental Protection Division of the Department of NaturalResources.8.District: The Coosa River Soil and Water Conservation District.9.Division: The Environmental Protection Division of the Department of Natural Resources.10.Drainage Structure: A device composed of a virtually nonerodible material such as concrete,steel, plastic or other such material that conveys water from one place to another by interceptingthe flow and carrying it to a release point for storm-water management, drainage control, or floodcontrol purposes.11.Erosion: The process by which land surface is worn away by the action of wind, water, ice orgravity.12.Erosion and Sedimentation Control Plan: A plan for the control of soil erosion andsedimentation resulting from a land- disturbing activity. Also known as the ªplanº.13.Fill: A portion of land surface to which soil or other solid material has been added; the depthabove the original ground.14.Finished Grade: The final elevation and contour of the ground after cutting or filling andconforming to the proposed design.15.Grading: Altering the shape of ground surfaces to a predetermined condition; this includesstripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include theland in its cut or filled condition.216.Ground Elevation: The original elevation of the ground surface prior to cutting or filling.17.Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind andthe movement of sediments into State Waters or onto lands within the state, including, but notlimited to, clearing, dredging, grading, excavating, transporting, and filling of land but notincluding agricultural practices as described in Section III, Paragraph 5.18.Larger Common Plan of Development: A contiguous area where multiple separate and distinctconstruction activities are occurring under one plan of development or sale. For the purposes ofthis paragraph, ªplanº means an announcement; piece of documentation such as a sign, publicnotice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, orcomputer design; or physical demarcation such as boundary signs, lot stakes, or surveyingmarkings, indicating that construction activities may occur on a specific plot.19.Local Issuing Authority: The governing authority of any county or municipality which is certifiedpursuant to subsection (a) O.C.G.A. 12-7-8. The City of Chickamauga's local issuing authority isthe City Zoning Administrator.20.Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440et.seq., which addresses environmental and developmental matters in certain metropolitan rivercorridors and their drainage basins.21.Natural Ground Surface: The ground surface in its original state before any grading, excavationor filling.22.Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometricanalytical techniques for measuring the light scattered by finely divided particles of a substancein suspension. This technique is used to estimate the extent of turbidity in water in whichcolloidally dispersed particles are present.23.Operator: The party or parties that have: (A) operational control of construction project plansand specifications, including the ability to make modifications to those plans and specifications;or (B) day-to-day operational control of those activities that are necessary to ensure compliancewith a storm-water pollution prevention plan for the site or other permit conditions, such as aperson authorized to direct workers at a site to carry out activities required by the storm-waterpollution prevention plan or to comply with other permit conditions.24.Permit: The authorization necessary to conduct a land-disturbing activity under the provisionsof this ordinance.25.Person: Any individual, partnership, firm, association, joint venture, public or private corporation,trust, estate, commission, board, public or private institution, utility, cooperative, state agency,municipality or other political subdivision of this State, any interstate body or any other legalentity.26.Project: The entire proposed development project regardless of the size of the area of land to bedisturbed.27.Qualified Personnel: Any person who meets or exceeds the education and trainingrequirements of O.C.G.A. 12-7-19.28.Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of avirtually nonerodible material such as concrete, steel, plastic, or other such material that conveyswater under a roadway by intercepting the flow on one side of a traveled way consisting of oneor more defined lanes, with or without shoulder areas, and carrying water to a release point onthe other side.29.Sediment: Solid material, both organic and inorganic, that is in suspension, is beingtransported, or has been moved from its site of origin by air, water, ice, or gravity as a product oferosion.30.Sedimentation: The process by which eroded material is transported and deposited by theaction of water, wind, ice or gravity.31.Soil and Water Conservation District Approved Plan: An erosion and sedimentation controlplan approved in writing by the Coosa River Soil and Water Conservation District.332.Stabilization: The process of establishing an enduring soil cover of vegetation by the installationof temporary or permanent structures for the purpose of reducing to a minimum the erosionprocess and the resultant transport of sediment by wind, water, ice or gravity.33.State General Permit: The National Pollution Discharge Elimination System general permit orpermits for storm-water runoff from construction activities as is now in effect or as may beamended or reissued in the future pursuant to the state's authority to implement the samethrough federal delegation under the Federal Water Pollution Control Act, as amended, 33U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30.34.State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainagesystems, springs, wells, and other bodies of surface or subsurface water, natural or artificial,lying within or forming a part of the boundaries of the State which are not entirely confined andretained completely upon the property of a single individual, partnership, or corporation.35.Structural Erosion and Sedimentation Control Practices: Practices for the stabilization oferodible or sediment- producing areas by utilizing the mechanical properties of matter for thepurpose of either changing the surface of the land or storing, regulating or disposing of runoff toprevent excessive sediment loss. Examples of structural erosion and sediment control practicesare riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, gradestabilization structures, sediment traps and land grading, etc. Such practices can be found inthe publication Manual for Erosion and Sediment Control in Georgia.36.Trout Streams: All streams or portions of streams within the watershed as designated by theGame and Fish Division of the Georgia Department of Natural Resources under the provisions ofthe Georgia Water Quality Control Act, O.C.G.A. 12-5-20 et.seq.Streams designated asprimary trout waters are defined as water supporting a self- sustaining population of rainbow,brown or brook trout. Streams designated as secondary trout waters are those in which there isno evidence of natural trout reproduction, but are capable of supporting trout throughout theyear. First order trout waters are streams into which no other streams flow except springs.37.Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization oferodible or sediment-producing areas by covering the soil with:a.Permanent seeding, sprigging or planting, producing long-term vegetative cover; orb.Temporary seeding, producing short-term vegetative cover; orc.Sodding, covering areas with a turf of perennial sod-forming grass.Such measures can be found in the publication Manual for Erosion and Sediment Control inGeorgia.38.Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuouslyor intermittently and which has a definite channel, bed and banks, and including any areaadjacent thereto subject to inundation by reason of overflow or floodwater.39.Wetlands: Those areas that are inundated or saturated by surface or ground water at afrequency and duration sufficient to support, and that under normal circumstances do support aprevalence of vegetation typically adapted for life in saturated soil conditions. Wetlandsgenerally include swamps, marshes, bogs, and similar areas.SECTION III EXEMPTIONSThis ordinance shall apply to any land-disturbing activity undertaken by any person on any landexcept for the following:1.Surface mining, as the same is defined in O.C.G.A. 12-4-72, "Mineral Resources and CavesAct";2.Granite quarrying and land clearing for such quarrying;3.Such minor land-disturbing activities as home gardens and individual home landscaping, repairs,maintenance work, fences, and other related activities which result in minor soil erosion;44.The construction of single-family residences, when such construction disturbs less than one acreand is not a part of larger common plan of development or sale with a planned disturbance ofequal to or greater than one acre and not otherwise exempted under this paragraph; provided,however, that construction of any such residence shall conform to the minimum requirements asset forth in Section IV of this ordinance and this paragraph. For single-family residenceconstruction covered by the provisions of this paragraph, there shall be a buffer zone betweenthe residence and any State Waters classified as trout streams pursuant to Article 2 of Chapter5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbingactivity shall be constructed between the residence and the point where vegetation has beenwrested by normal stream flow or wave action from the banks of the trout waters. For primarytrout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smallerbuffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless ofwhether a trout stream is primary or secondary, for first order trout waters, which are streamsinto which no other streams flow except for springs, the buffer shall be at least 25 horizontalfeet, and no variance to a smaller buffer shall be granted. The minimum requirements ofSection IV of this ordinance and the buffer zones provided by this section shall be enforced bythe issuing authority;5.Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include raising, harvestingor storing of products of the field or orchard; feeding, breeding or managing livestock or poultry;producing or storing feed for use in the production of livestock, including but not limited to cattle,calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, includingbut not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; theproduction of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products;farm buildings and farm ponds;6.Forestry land management practices, including harvesting; provided, however, that when suchexempt forestry practices cause or result in land-disturbing or other activities otherwiseprohibited in a buffer, as established in paragraphs (15) and (16) of Section IV C. of thisordinance, no other land-disturbing activities, except for normal forest management practices,shall be allowed on the entire property upon which the forestry practices were conducted for aperiod of three years after completion of such forestry practices;7.Any project carried out under the technical supervision of the Natural Resources ConservationService of the United States Department of Agriculture;8.Any project involving less than one acre of disturbed area; provided, however, that thisexemption shall not apply to any land-disturbing activity within a larger common plan ofdevelopment or sale with a planned disturbance of equal to or greater than one acre or within200 feet of the bank of any State Waters, and for purposes of this paragraph, ªState Watersºexcludes channels and drainageways which have water in them only during and immediatelyafter rainfall events and intermittent streams which do not have water in them year- round;provided, however, that any person responsible for a project which involves less than one acre,which involves land-disturbing activity, and which is within 200 feet of any such excludedchannel or drainageway, must prevent sediment from moving beyond the boundaries of theproperty on which such project is located and provided, further, that nothing contained hereinshall prevent the Local Issuing Authority from regulating any such project which is notspecifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;9.Construction or maintenance projects, or both, undertaken or financed in whole or in part, orboth, by the Department of Transportation, the Georgia Highway Authority, or the State TollwayAuthority; or any road construction or maintenance project, or both, undertaken by any county ormunicipality; provided, however, that construction or maintenance projects of Department ofTransportation or State Tollway Authority which disturb one or more contiguous acres of landshall be subject to provisions of O.C.G.A. 12-7-7.1; except where the Department ofTransportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a5secondary permittee for a project located within a larger common plan of development or saleunder the State General Permit, in which case a copy of a notice of intent under the StateGeneral Permit shall be submitted to the local issuing authority, the local issuing authorityshall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if apermit had been issued, and violations shall be subject to the same penalties as violations bypermit holders;10.Any land-disturbing activities conducted by any electric membership corporation or municipalelectrical system or any public utility under the regulatory jurisdiction of the Public ServiceCommission, any utility under the regulatory jurisdiction of the Federal Energy RegulatoryCommission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency orinstrumentality of the United States engaged in the generation, transmission, or distribution ofpower; except where an electric membership corporation or municipal electrical system or anypublic utility under the regulatory jurisdiction of the Public Service Commission, any utility underthe regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable televisionsystem as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United statesengaged in the generation, transmission, or distribution of power is a secondary permittee for aproject located within a larger common plan of development or sale under the State GeneralPermit, in which case the local issuing authority shall enforce compliance with the minimumrequirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall besubject to the same penalties as violations by permit holders; and11.Any public water system reservoir.SECTION IV MINIMUM REQUIREMENTS FOR EROSION AND SEDIMENTATIONCONTROL USING BEST MANAGEMENT PRACTICESA.GENERAL PROVISIONSExcessive soil erosion and resulting sedimentation can take place during land-disturbingactivities. Therefore, plans for those land-disturbing activities which are not exempted by thisordinance shall contain provisions for application of soil erosion and sedimentation controlmeasures and practices. The provisions shall be incorporated into the erosion andsedimentation control plans. Soil erosion and sedimentation control measures and practicesshall conform to the minimum requirements of Section IV B. & C. of this ordinance. The applicationof measures and practices shall apply to all features of the site, including street and utilityinstallations, drainage facilities and other temporary and permanent improvements. Measuresshall be installed to prevent or control erosion and sedimentation pollution during all stages of anyland-disturbing activity.B. MINIMUM REQUIREMENTS/BMPs1.Best management Practices as set forth in Section IV B. & C. of this ordinance shall berequired for all land-disturbing activities. Proper design, installation, and maintenance of bestmanagement practices shall constitute a complete defense to any action by the Director orto any other allegation of noncompliance with paragraph (2) of this subsection or anysubstantially similar terms contained in a permit for the discharge of stormwater issuedpursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". Asused in this subsection the term "proper design, installation and maintenance" meansdesigned, installed and maintained in accordance with the hydraulic design specificationscontained in the ªManual for Erosion and Sediment Control in Georgiaº specified in O.C.G.A.12-7-6 subsection (b).62.A discharge of stormwater runoff from disturbed areas where Best Management Practiceshave not been properly designed, installed, and maintained shall constitute a separateviolation of any land-disturbing permit issued by a local Issuing Authority or of any StateGeneral Permit issued by the Division pursuant to subsection (f) of O.C.G.A. 12-5-30, the"Georgia Water Quality Control Act", for each day on which such discharge results in theturbidity of receiving waters being increased by more than 25 nephelometric turbidity unitsfor waters supporting warm water fisheries or by more than ten nephelometric turbidityunits for waters classified as trout waters. The turbidity of the receiving waters shall bemeasured in accordance with guidelines to be issued by the Director. This paragraph shallnot apply to any land disturbance associated with the construction of single family homeswhich are not part of a larger common plan of development or sale unless the planneddisturbance for such construction is equal to or greater than five acres.3.Failure to properly design, install, or maintain Best Management Practices shall constitute aviolation of any land-disturbing permit issued by a Local Issuing Authority or any StateGeneral Permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30,the "Georgia Water Quality Control Act", for each day on which such failure occurs.4.The Director may require, in accordance with regulations adopted by the Board, reasonableand prudent monitoring of the turbidity level of receiving waters into which discharges fromland disturbing activities occur.C. The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for thepurpose of governing land-disturbing activities shall require, as a minimum, protections at least asstringent as the State General Permit; and Best Management Practices, including soundconservation and engineering practices to prevent and minimize erosion and resultantsedimentation, which are consistent with, and no less stringent than, those practices contained inthe Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and WaterConservation Commission as of January 1 of the year in which the land-disturbing activity waspermitted, as well as the following:1.Stripping of vegetation, regrading and other development activities shall be conducted in amanner so as to minimize erosion;2.Cut-fill operations must be kept to a minimum;3.Development plans must conform to topography and soil type so as to create the lowestpractical erosion potential;4.Whenever feasible, natural vegetation shall be retained, protected and supplemented;5.The disturbed area and the duration of exposure to erosive elements shall be kept to apracticable minimum;6.Disturbed soil shall be stabilized as quickly as practicable;7.Temporary vegetation or mulching shall be employed to protect exposed critical areas duringdevelopment;8.Permanent vegetation and structural erosion control practices shall be installed as soon aspracticable;79.To the extent necessary, sediment in run-off water must be trapped by the use of debrisbasins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. Asused in this paragraph, a disturbed area is stabilized when it is brought to a condition ofcontinuous compliance with the requirements of O.C.G.A. 12-7-1 et. seq.;10.Adequate provisions must be provided to minimize damage from surface water to the cut faceof excavations or the sloping of fills;11.Cuts and fills may not endanger adjoining property;12.Fills may not encroach upon natural watercourses or constructed channels in a manner soas to adversely affect other property owners;13.Grading equipment must cross flowing streams by means of bridges or culverts except whensuch methods are not feasible, provided, in any case, that such crossings are kept to aminimum;14.Land-disturbing activity plans for erosion and sedimentation control shall includeprovisions for treatment or control of any source of sediments and adequate sedimentationcontrol facilities to retain sediments on-site or preclude sedimentation of adjacent watersbeyond the levels specified in Section IV B. 2. of this ordinance;15.Except as provided in paragraph (16) of this subsection, there is established a 25 foot bufferalong the banks of all State Waters, as measured horizontally from the point where vegetationhas been wrested by normal stream flow or wave action, except where the Directordetermines to allow a variance that is at least as protective of natural resources and theenvironment, where otherwise allowed by the Director pursuant to O.C.G.A. 12-2-8, or wherea drainage structure or a roadway drainage structure must be constructed, provided thatadequate erosion control measures are incorporated in the project plans and specifications,and are implemented; provided, however, the buffers of at least 25 feet established pursuantto part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shallremain in force unless a variance is granted by the Director as provided in this paragraph.The following requirements shall apply to any such buffer:a.No land-disturbing activities shall be conducted within a buffer and a buffer shallremain in its natural, undisturbed state of vegetation until all land-disturbing activities onthe construction site are completed. Once the final stabilization of the site is achieved, abuffer may be thinned or trimmed of vegetation as long as a protective vegetative coverremains to protect water quality and aquatic habitat and a natural canopy is left insufficient quantity to keep shade on the stream bed; provided, however, that any personconstructing a single-family residence, when such residence is constructed by or undercontract with the owner for his or her own occupancy, may thin or trim vegetation in abuffer at any time as long as protective vegetative cover remains to protect water qualityand aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on thestream bed; andb.The buffer shall not apply to the following land-disturbing activities, provided that theyoccur at an angle, as measured from the point of crossing, within 25 degrees ofperpendicular to the stream; cause a width of disturbance of not more than 50 feet withinthe buffer; and adequate erosion control measures are incorporated into the projectplans and specifications and are implemented: (i) Stream crossings for water lines; or (ii)Stream crossings for sewer lines.816.There is established a 50 foot buffer as measured horizontally from the point wherevegetation has been wrested by normal stream flow or wave action, along the banks of anyState Waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the"Georgia Water Quality Control Act", except where a roadway drainage structure must beconstructed ; provided, however, that small springs and streams classified as trout streamswhich discharge an average annual flow of 25 gallons per minute or less shall have a 25 footbuffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a ruleproviding for a general variance promulgated by the Board, so long as any such pipe stopsshort of the downstream landowner's property and the landowner complies with the bufferrequirement for any adjacent trout streams. The Director may grant a variance from suchbuffer to allow land-disturbing activity, provided that adequate erosion control measures areincorporated in the project plans and specifications and are implemented. The followingrequirements shall apply to such buffer:a.No land-disturbing activities shall be conducted within a buffer and a buffer shallremain in its natural, undisturbed, state of vegetation until all land-disturbing activitieson the construction site are completed. Once the final stabilization of the site is achieved,a buffer may be thinned or trimmed of vegetation as long as a protective vegetative coverremains to protect water quality and aquatic habitat and a natural canopy is left insufficient quantity to keep shade on the stream bed: provided, however, that any personconstructing a singleÐ family residence, when such residence is constructed by or undercontract with the owner for his or her own occupancy, may thin or trim vegetation in abuffer at any time as long as protective vegetative cover remains to protect water qualityand aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on thestream bed; andb.The buffer shall not apply to the following land-disturbing activities, provided that theyoccur at an angle, as measured from the point of crossing, within 25 degrees ofperpendicular to the stream; cause a width of disturbance of not more than 50 feet withinthe buffer; and adequate erosion control measures are incorporated into the projectplans and specifications and are implemented: (i) Stream crossings for water lines; or (ii)Stream crossings for sewer lines.D.Nothing contained in this chapter shall prevent any Local Issuing Authority from adopting rulesand regulations, ordinances, or resolutions which contain stream buffer requirements that exceedthe minimum requirements in Section IV B. & C. of this ordinance.E.The fact that land-disturbing activity for which a permit has been issued results in injury to theproperty of another shall neither constitute proof of nor create a presumption of a violation of thestandards provided for in this ordinance or the terms of the permit.SECTION V APPLICATION/PERMIT PROCESSA.GENERALThe property owner, developer and designated planners and engineers shall review the generaldevelopment plans and detailed plans of the Issuing Authority that affect the tract to be developed andthe area surrounding it. They shall review the zoning ordinance, stormwater management ordinance,subdivision ordinance, flood damage prevention ordinance, this ordinance, and other ordinanceswhich regulate the development of land within the jurisdictional boundaries of the Issuing Authority.However, the operator is the only party who may obtain a permit.9B.APPLICATION REQUIREMENTS1.No person shall conduct any land-disturbing activity within the jurisdictional boundaries ofthe City of Chickamauga without first obtaining a permit from the Local Issuing Authority(Chickamauga Zoning Administrator) to perform such activity.2.The application for a permit shall be submitted to the Chickamauga Zoning Administrator andmust include the applicant's erosion and sedimentation control plan with supporting data,as necessary. One copy of the applicant's National Pollutant Discharge EliminationSystem (NPDES) Notice of Intent (NOI) for Georgia's General Permit must accompanythe application. Said plans shall include, as a minimum, the data specified in Section V. C. ofthis ordinance. Soil erosion and sedimentation control plans shall conform to the provisionsof Section IV B. & C. of this ordinance. Applications for a permit will not be accepted unlessaccompanied by fourcopies of the applicant's soil erosion and sedimentation controlplans. All applications shall contain a certification stating that the plan preparer or thedesignee thereof visited the site prior to creation of the plan or that such a visit was notrequired in accordance with rules and regulations established by the board.3.A fee, in the amount of $25.00 shall be charged for each acre or fraction thereof in the projectarea.

4.In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5)subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acreof land-disturbing activity, and these fees shall be calculated and paid by the primarypermittee as defined in the State General Permit for each acre of land-disturbing activityincluded in the planned development or each phase of development. All applicable fees shallbe paid prior to issuance of the land disturbance permit. In a jurisdiction that is certifiedpursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to thedivision; except that any and all fees due from an entity which is required to give noticepursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the division,regardless of the existence of a local issuing authority in the jurisdiction. The City ofChickamauga will receive $40.00 per acre of disturbed land from the primary permittee,and the primary permittee will be responsible to forward the additional $40.00 perdisturbed acre to the appropriate State EPD agency.5.Immediately upon receipt of an application and plan for a permit, the Local Issuing Authorityshall refer the application and plan to the District for its review and approval or disapprovalconcerning the adequacy of the erosion and sedimentation control plan. A District shallapprove or disapprove a plan within 35 days of receipt. Failure of a District to act within 35days shall be considered an approval of the pending plan. The results of the District reviewshall be forwarded to the Issuing Authority. No permit will be issued unless the plan has beenapproved by the District, and any variances required by Section IV C. 15. & 16. and bonding,if required as per Section V B.5. (b), have been obtained. Such review will not be required ifthe Local Issuing Authority and the District have entered into an agreement which allowsthe Local Issuing Authority to conduct such review and approval of the plan without referringthe application and plan to the District.6.If a permit applicant has had two or more violations of previous permits, this ordinancesection, or the Erosion and Sedimentation Act, as amended, within three years prior to thedate of filing of the application under consideration, the Local Issuing Authority may denythe permit application.10

7.The Local Issuing Authority may require the permit applicant to post a bond in the form ofgovernment security, cash, irrevocable letter of credit, or any combination thereof up to, butnot exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbingactivity, prior to issuing the permit. If the applicant does not comply with this ordinance or withthe conditions of the permit after issuance, the Local Issuing Authority may call the bond orany part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize thesite of the land-disturbing activity and bring it into compliance. These provisions shall notapply unless there is in effect an ordinance or statute specifically providing for hearing andjudicial review of any determination or order of the Local Issuing Authority with respect toalleged permit violations.C. PLAN REQUIREMENTSPlans must be prepared to meet the minimum requirements as contained in Section IV B. &C. of this ordinance. Conformance with the minimum requirements may be attained throughthe use of design criteria in the current issue of the Manual for Erosion and Sediment Controlin Georgia, published by the State Soil and Water Conservation Commission as a guide; orthrough the use of more stringent, alternate design criteria which conform to soundconservation and engineering practices. The Manual for Erosion and Sediment Control inGeorgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological andhydrological characteristics, topography, watershed, vegetation, proposed permanentstructures including roadways, constructed waterways, sediment control and storm watermanagement facilities, local ordinances and State laws. Silt fence, if used, will be certifiedto be D.O.T. approved fabric and installed in accordance with the Manual for Erosionand Sediment Control in Georgia.1.Data Required for Site Plana.Narrative or notes, and other information: Notes or narrative to be located on the site planin general notes or in erosion and sediment control notes.b.Description of existing land use at project site and description of proposed project.c.Name, address, and phone number of the property owner.d.Name and phone number of 24-hour local contact who is responsible for erosion andsedimentation controls.e. Size of project, or phase under construction, in acres. Size of disturbed land shall alsobe annotated on the plan, in acres.e.Activity schedule showing anticipated starting and completion dates for the project.Include the statement in bold letters, that ª the installation of erosion andsedimentation control measures and practices shall occur prior to or concurrentwith land-disturbing activities.ºf.Stormwater and sedimentation management systems-storage capacity, hydrologic study,and calculations, including off-site drainage areas.11g.Vegetative plan for all temporary and permanent vegetative measures, including species,planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative planshould show options for year-round seeding.h.Detail drawings for all structural practices. Specifications may follow guidelines set forthin the Manual for Erosion and Sediment Control in Georgia.i.Maintenance statement - ª Erosion and sedimentation control measures will be maintainedat all times. If full implementation of the approved plan does not provide for effectiveerosion and sediment control, additional erosion and sediment control measures shall beimplemented to control or treat the sediment source.º3.Maps, drawings, and supportive computations shall bear the signature/seal of a registered orcertified professional in engineering, architecture, landscape architecture, land surveying, orerosion and sedimentation control. After December 31, 2006, all persons involved in landdevelopment design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements asdeveloped by the commission pursuant to C.O.G.A. 12-7-20. The certified plans shallcontain:a.Graphic scale and north point or arrow indicating magnetic north.b.Vicinity maps showing location of project and existing streets.c.Boundary line survey.d.Delineation of disturbed areas within project boundary.e.Existing and planned contours, with an interval in accordance with the following:Map Scale GroundSlopeContourInterval, ft.1 inch = 100 ft.or larger scaleFlat 0-2%Rolling 2-8%Steep 8% +0.5 or 11 or 22, 5 or10f.Adjacent areas and features areas such as streams, lakes, residential areas, etc. whichmight be affected should be indicated on the plan.g.Proposed structures or additions to existing structures and paved areas.h.Delineate the 25-foot horizontal buffer adjacent to State Waters and the specified widthin MRPA areas.i.Delineate the specified horizontal buffer along designated trout streams, whereapplicable.j. Location of erosion and sedimentation control measures and practices using codingsymbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6.124.Maintenance of all soil erosion and sedimentation control practices, whether temporary orpermanent, shall be at all times the responsibility of the property owner.D.PERMITS1.Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the Local Issuing Authority of a completed application,providing variances and bonding are obtained, where necessary.2.No permit shall be issued by the LocalIssuing Authority unless the erosion andsedimentation control plan has been approved by the District and the Local IssuingAuthority has affirmatively determined that the plan is in compliance with this ordinance, anyvariances required by Section IV C. 15. & 16. are obtained, bonding requirements, ifnecessary, as per Section V B. 5. (b) are met and all ordinances and rules and regulations ineffect within the jurisdictional boundaries of the Local Issuing Authority are met. If thepermit is denied, the reason for denial shall be furnished to the applicant.3.If the tract is to be developed in phases, then a separate permit shall be required for eachphase.4.The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to allor any portion of the land affected by the plan, upon finding that the holder or his successor inthe title is not in compliance with the approved erosion and sedimentation control plan orthat the holder or his successor in title is in violation of this ordinance. A holder of a permitshall notify any successor in title to him as to all or any portion of the land affected by theapproved plan of the conditions contained in the permit.SECTION VI INSPECTION AND ENFORCEMENTA.The Local Issuing Authority (City Zoning Administrator) will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are beingconducted in accordance with the plan and if the measures required in the plan are effective incontrolling erosion and sedimentation. Also, the Local Issuing Authority shall regulate bothprimary and secondary permittees as such terms are defined in the State General Permit.Primary permitees shall be responsible for installation and maintenance of Best ManagementPractices where the primary permitee is conducting land-disturbing activities. Secondarypermitees shall be responsible for installation and maintenance of Best Management Practiceswhere the secondary permittee is conducting land-disturbing activities. If, through inspection, it isdeemed that a person engaged in land-disturbing activities as defined herein has failed tocomply with the approved plan, with permit conditions, or with the provisions of this ordinance, awritten notice to comply shall be served upon that person. The notice shall set forth the measuresnecessary to achieve compliance and shall state the time within which such measures must becompleted. If the person engaged in the land-disturbing activity fails to comply within the timespecified, he shall be deemed in violation of this ordinance. A copy of all reports required to besubmitted under the General Permit requirements will be forwarded to the ChickamaugaZoning Administrator within one week of submission by the permitee.B.The City Zoning Administrator shall have the power to conduct such investigations as it mayreasonably deem necessary to carry out duties as prescribed in this ordinance, and for thispurpose to enter at reasonable times upon any property, public or private, for the purpose ofinvestigation and inspecting the sites of land-disturbing activities.13C.No person shall refuse entry or access to any authorized representative or agent of the LocalIssuing Authority, the Commission, the District, or Division who requests entry for thepurposes of inspection, and who presents appropriate credentials, nor shall any person obstruct,hamper or interfere with any such representative while in the process of carrying out his officialduties.D.The Districts or the Commission or both shall periodically review the actions of counties andmunicipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. 12-7-8 (a). The Districts or the Commission or both may provide technical assistance to any county ormunicipality for the purpose of improving the effectiveness of the county's or municipality'serosion and sedimentation control program. The Districts or the Commission shall notify theDivision and request investigation by the Division if any deficient or ineffective local program isfound.E.The Board, on or before December 31, 2003, shall promulgate rules and regulations setting forththe requirements and standards for certification and the procedures for decertification of a localissuing authority. The Division may periodically review the actions of counties andmunicipalities which have been certified as Local Issuing Authorities pursuant to Code Section12-7-8 (a). Such review may include, but shall not be limited to, review of the administration andenforcement of a governing authority's ordinance and review of conformance with an agreement, ifany, between the district and the governing authority. If such review indicates that the governingauthority of any county or municipality certified pursuant to O.C.G.A. 12-7-8 (a) has notadministered or enforced its ordinances or has not conducted the program in accordance with anyagreement entered into pursuant to O.C.G.A. 12-7-7 (e), the Division shall notify the governingauthority of the county or municipality in writing. The governing authority of any county ormunicipality so notified shall have 30 days within which to take the necessary corrective action toretain certification as a Local Issuing Authority. If the county or municipality does not takenecessary corrective action within 30 days after notification by the division, the division mayrevoke the certification of the county or municipality as a Local Issuing Authority.SECTION VII PENALTIES AND INCENTIVESA.FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITYIf any person commences any land-disturbing activity requiring a land-disturbing permit asprescribed in this ordinance without first obtaining said permit, the person shall be subject torevocation of his business license, work permit or other authorization for the conduct of a businessand associated work activities within the jurisdictional boundaries of the Issuing Authority.B.STOP-WORK ORDERS1.For the first and second violations of the provisions of this ordinance, the Director or theLocal Issuing Authority shall issue a written warning (Notice to Comply) to the violator. Theviolator shall have five days to correct the violation. If the violation is not corrected within fivedays, the Director or the Local Issuing Authority shall issue a stop-work order requiring thatland-disturbing activities be stopped until necessary corrective action or mitigation hasoccurred; provided, however, that, if the violation presents an imminent threat to public healthor waters of the state or if the land-disturbing activities are conducted without obtaining thenecessary permit, the Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu of a warning;142.For a third and each subsequent violation, the Director or the Local Issuing Authority shallissue an immediate stop-work order; and;3.All stop-work orders shall be effective immediately upon issuance and shall be in effect untilthe necessary corrective action or mitigation has occurred.4.When a violation in the form of taking action without a permit, failure to maintain a streambuffer, or significant amounts of sediment, as determined by the local issuing authority or bythe director or his or her designee, have been or are being discharged into State Waters andwhere Best Management Practices have not been properly designed, installed, andmaintained, a stop work order shall be issued by the local issuing authority or by thedirector or his or her designee. All such stop work orders shall be effective immediately uponissuance and shall be in effect until the necessary corrective action or mitigation has occurred.Such stop work orders shall apply to all land-disturbing activity on the site with the exceptionof the installation and maintenance of temporary or permanent erosion and sediment controls.C.BOND FORFEITUREIf, through inspection, it is determined that a person engaged in land-disturbing activities hasfailed to comply with the approved plan, a written notice to comply shall be served upon thatperson. The notice shall set forth the measures necessary to achieve compliance with the plan andshall state the time within which such measures must be completed. If the person engaged in theland-disturbing activity fails to comply within the time specified, he shall be deemed in violation ofthis ordinance and, in addition to other penalties, shall be deemed to have forfeited his performancebond, if required to post one under the provisions of Section V B. 5. (b). The Local IssuingAuthority may call the bond or any part thereof to be forfeited and may use the proceeds to hire acontractor to stabilize the site of the land-disturbing activity and bring it into compliance.D.MONETARY PENALTIESAny person who violates any provisions of this ordinance, or any permit condition or limitationestablished pursuant to this ordinance, shall be liable for a civil penalty not to exceed $2,500.00 perday.SECTION VIII EDUCATION AND CERTIFICATIONAfter December 31, 2006, all persons involved in land development design, review, permitting,construction, monitoring, or inspection or any land-disturbing activity shall meet the educationand training certification requirements, dependent on their level of involvement with the process, asdeveloped by the commission in consultation with the division and the stakeholder advisory boardcreated pursuant to O.C.G.A. 12-7-20.SECTION IX ADMINISTRATIVE APPEAL JUDICIAL REVIEWA.ADMINISTRATIVE REMEDIESThe suspension, revocation, modification or grant with condition of a permit by the IssuingAuthority upon finding that the holder is not in compliance with the approved erosion and sedimentcontrol plan; or that the holder is in violation of permit conditions; or that the holder is in violation ofany ordinance; shall entitle the person submitting the plan or holding the permit to a hearingbefore the Chickamauga Planning Commission within 30 days after receipt by the IssuingAuthority of written notice of appeal. If a holder does not concur with the Planning Commission15decision, the holder may request a hearing before the City Council, within 30 days after receipt bythe Local Issuing Authority of written request.B. JUDICIAL REVIEWAny person, aggrieved by a decision or order of the Local Issuing Authority, after exhausting hisadministrative remedies, shall have the right to appeal denovo to Superior Court of WalkerCounty.SECTION X EFFECTIVITY, VALIDITY,LIABILITY, AND REPEALERA.EFFECTIVITYThis ordinance shall become effective on theday of ,20 .

B.VALIDITYIf any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalidor held unconstitutional, such decisions shall not effect the remaining portions of this ordinance.C.LIABILITY1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance withprovisions of this ordinance shall relieve any person from the responsibility for damage to anyperson or property otherwise imposed by law nor impose any liability upon the Issuing Authority orDistrict for damage to any person or property.2. The fact that a land-disturbing activity for which a permit has been issued results in injury tothe property of another shall neither constitute proof of nor create a presumption of a violation ofthe standards provided for in this ordinance or the terms of the permit.3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion andSedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulationspromulgated and approved thereunder or pollute any Waters of the State as defined thereby.D. REPEALERThe City of Chickamauga Soil and Sedimentation Control Ordinance effective January 2, 2001 isrepealed and simultaneously replaced with this Ordinance. Any portions of any other previouslyadopted City Ordinances that are in conflict with this Ordinance are also repealed.ATTEST: